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HUD NEWS
U.S. Department of Housing and Urban Development – Shaun Donovan, SecretaryOffice of Public Affairs, Washington, DC 20410HUD No. 10-139 FOR RELEASEShantae Goodloe Thursday(202) 708-0685July 1, 2010
HUD ISSUES GUIDANCE ON LGBT HOUSING DISCRIMINATION COMPLAINTSDepartment addresses housing discrimination based on sexual orientation and gender identityWASHINGTON- The U.S. Department of Housing and Urban Development (HUD) today announced a new policy that provides lesbian, gay, bisexual and transgender (LGBT) individuals and families with further assistance when facing housing discrimination. The new guidance treats gender identity discrimination most often faced by transgender persons as gender discrimination under the Fair Housing Act, and instructs HUD staff to inform individuals filing complaints about state and local agencies that have LGBT-inclusive discrimination laws. HUD Secretary Shaun Donovan announced the new guidance at HUD's LGBT Pride Month Celebration.“Our job to prevent and combat housing discrimination is not complete without addressing 21st Century issues,” stated John Trasviña, Assistant Secretary for Fair Housing and Equal Opportunity. “Our fair housing staff will work with state and local civil rights agencies to investigate and refer discrimination cases and work to combat all aspects of gender discrimination.”
More below the fold.
The Fair Housing Act prohibits discrimination in rental, sales and lending on the basis of race, color, national origin, religion, gender, disability and familial status. Approximately 20 states, and the District of Columbia, and over 60 cities, towns and counties across the nation have additional protections that specifically prohibit such discrimination against LGBT individuals. Under the guidance announced today, HUD will, as appropriate, retain its jurisdiction over complaints filed by LGBT individuals or families but also jointly investigate or refer matters to those state, district and local governments with other legal protections.For example, if a man alleges that he is being evicted because he is gay and his landlord believes he will infect other tenants with HIV, then the allegation of discrimination may be jurisdictional under the Fair Housing Act based on disability because the man is regarded as having a disability, HIV/AIDS. Similarly, if a female prospective tenant is alleging discrimination by a landlord because she wears masculine clothes and engages in other physical expressions that are stereotypically male, then the allegations may be jurisdictional under the Act as discrimination based on gender.Last October, HUD Secretary Shaun Donovan announced aseries of measures to ensure that the agency's core housing programs are open to all, regardless of sexual orientation or gender identity. Earlier this month, HUD announced that it will require grant applicants seeking HUD funding to comply with state and local anti-discrimination laws that protect LGBT individuals. In addition, HUD intends to propose new regulations that will clarify that the term “family” as used to describe eligible beneficiaries of HUD's programs include otherwise eligible LGBT individuals and couples. The Department's intent to propose new regulations will clarify family status to ensure its core housing programs are available to all families, regardless of their sexual
orientation or gender identity.online public comment from interested parties in how it might design this new study.The Federal Housing Administration (FHA) will also instruct its lending community that FHA-insured mortgage loans must be based on the credit-worthiness of borrowers and not on unrelated factors or characteristics such as sexual orientation or gender identity. Finally, HUD will commission the first-ever national study of discrimination against members of the LGBT community in the rental and sale of housing. The Department is currently seeking###HUD's mission is to create strong, sustainable, inclusive communities and quality affordable homes for all. HUD is working to strengthen the housing market to bolster the economy and protect consumers; meet the need for quality affordable rental homes: utilize housing as a platform for improving quality of life; build inclusive and sustainable communities free from discrimination; and transform the way HUD does business. More information about HUD and its programs is available on the Internet atwww.hud.gov andespanol.hud.gov.
6 Comments
This seems only to apply to localities that already have anti-discrimination laws“… instructs HUD staff to inform individuals filing complaints about state and local agencies that have LGBT-inclusive discrimination laws.”
“HUD announced that it will require grant applicants seeking HUD funding to comply with state and local anti-discrimination laws that protect LGBT individuals.”
At a guess, this is because discrimination on the basis of sexual orientation remains perfectly legal at the federal level, so HUD can only enforce these changes insofar as the discrimination violates state and local laws.
If this is a correct assesment, then this change is worthless: states and localities that already have anti-discrimination laws already have laws against this kind of discrimination. All that HUD can do for someone in Kansas is make a note of the bigotry and say, “Too bad.”
In other good HUD news….
Too many see me as incapable of applauding anything this administration does, but I’m happy to report that this past Tuesday a dear friend, Mike Rankin, CAPT, MD, US Navy (Ret), was the keynote speaker at the Pride event at HUD’s DC HQ with his speech broadcast live to HUD offices across the country!
While seemingly a little odd that they would choose DADT as their topic, it was chosen by HUD-GLOBE members [the organization of federal LGBT employees] who clearly wanted something current rather than just another Pride Kumbaya.
Mike served more than 3 decades, and is the former Chief of Psychiatry, Oakland VA Medical Center & member of President Clinton’s Advisory Council on HIV & AIDS. He was the gay veteran last fall who placed a wreath with Dan Choi at the Tomb of the Unknown Soldier, and, later, at the grave of Leonard Matlovich.
The Pride event remarks by HUD Secretary Shaun Donovan can be read at:
http://portal.hud.gov/portal/p…
These seem to be pretty substantial crumbsFrom my reading of this release, it seems that it applies to the entire country. Basically, if a transgender tenant is rejected because she was born a man, then HUD could investigate it as a sex discrimination claim and also allow the local authority to investigate it as gender identity discrimination. However, if there are no local laws concerning gender identity, it could still be investigated by HUD as gender discrimination which is already covered. This reminds me of Diane Schroer’s case against the library of congress which discriminated against her because of her transgender status but were held liable because it was considered sex discrimination as well. This policy seems like it would apply to protect sexual orientation because if the discrimination against a gay man or lesbian enters the world of gender stereotyping, then HUD could investigate that as well. While this could be overturned, this is still substantial because it creates a much broader protection, especially in the states that don’t have any protections.
Is this the dam cracking?or just a little water over the top?
It’s cracking.But there are two issues to look at.
One, there are a bunch of people with a bunch of lines dropped into the reservoir trying to reduce the water level (see FRC and the constant media coverage of a negative flow).
Two, there’s an entire regiment on standby with all the patch they could need and then enough materials to build an even thicker, larger dam on top of that one (see all the ultra conservatives running for office trying to unseat Dem’s this year).
It’s hard to criticize the Administration for not acting on things like DADTthat can be acted on with the Presidential Pen and then to criticize another that is done.
Yes, these can be reversed, but setting the precedent and letting people know that the sky does not fall while the Congress moves can be a positive move.